Asked 3 months ago - East Brunswick, NJ
FlagI live in NJ and recently just got off probation for a small marijuana possession charge ( conditional discharge ) and just got a DUI cause im just that smart so what im asking is will my previous arrest affect my DUI and am i looking at jail time ?
More information is needed to evaluate this case. However some answers can be given. You can only get one diversion in your life. The CD makes PTI unavailable, but there is no PTI for a DWI. DWI is not a criminal charge. Therefore the CD or any criminal prior has no affect on the DWI. Two beers will not get you to a .11 unless you weigh less than 70 lbs. or they were really big beers. Any DWI will ruin your insurance record and there is the suspension. Retain an experienced criminal defense attorney. Judge Brown is a reasonable Judge. The prosecutor is tough but fair. The cops write a reckless incase the DWI is defeated. The other tickets depend on the facts. Call with more information.
A prior conditional discharge will not have any affect on the potential penalty you are facing in the new DUI matter. Also as a general rule you are not facing any jail time with this new DUI charge.
Please consult with and retain an attorney that handles DUI cases so that you can get all your questions answered and that you are competently represented.
Good Luck-
The prior court's imposition of supervisory treatment regarding your marijuana charge is not deemed a conviction once you satisfy the court's terms and are granted a conditional discharge. It is like a "get out of jail free" card that can be used only once and only for certain offenses. Upon fulfillment of the terms and conditions of the supervisory treatment, the treatment is terminated and the proceedings against the you are dismissed.
As this pertains to your most recent arrest, generally a defendant should be regarded as first time offender for sentencing purposes when his record reveals only that he received supervisory treatment and a conditional discharge for a prior drug arrest. The court has within its discretion the ability to consider a previous CD in certain circumstances to prove knowledge of wrongdoing, but that doesn't apply to you and these particular facts.
As for jail time, you should be in the clear since it is your first time and nobody was injured. That being said, a DUI conviction will follow you around for the rest of your life and can cost you dearly in the long and short term. I suggest contacting an attorney immediately. My office handles these types of cases and would be glad to discuss the facts further with you.
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